Opinion

Holy Spirit Ass'n for the Unification of World Christianity v. Tax Commission

  • 81 A.D.2d 64
  • 438 N.Y.S.2d 521
  • 1981 N.Y. App. Div. LEXIS 10127
Court
Appellate Division of the Supreme Court of the State of New York
Filed
May 5, 1981
Status
Published
Author
Kupferman
On the bench
Birns, Kupferman, Sandler
Cited by
18 cases
Authority
More cited than 1.2%

Reversed on other grounds by Holy Spirit Ass'n for the Unification of World Christianity v. Tax Commission, 55 N.Y.2d 512 (1982)

The opinion

Kupferman, J. P.

(concurring). While I am impressed by the opinion of the court as expressed by my valued colleague Judge Birns, I hark back to the words attributed to Thomas Paine: “My country is the world, and my religion is to do good.”

I cannot say that the petitioner is not primarily engaged in or organized for its own religious purposes. However, in view of the decision in Matter of American Bible Soc. v Lewisohn ( 40 NY2d 78 [affg the 3-2 decision of our court, 48 AD2d 308 , dissent at p 315]) I must concur in the result.

If an organization engaged in the distribution of the Holy Bible, the “abecedarium” of Judaism and Christianity, is not entitled to a religious exemption, then I am hard put to conclude that this petitioner should receive a religious exemption. Moreover, the usage to which the premises involved are put also militates against an exemption.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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